Last updated January 22, 2023
Welcome to picapresto.com. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us.
1. Introduction
Thanks for choosing Photo Services. (from here on “PicaPresto”, “we”, “us” or “our”). By signing up or otherwise visiting, using, or engaging with our website (“picapresto.com”) and services (together, the “Website” or “Site”), or accessing any content or material that is made available by PicaPresto through the Service You (“you”, client, “user”, “customer”) are entering into a binding contract with Photo Services.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree to any portion of these Terms, you should not access or otherwise use the Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Site.
Please read the Agreements carefully. They cover important information about the Services provided to you and any charges, taxes, and fees we bill you.
In order to use our Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) resident in a country where the Site is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. It is your responsibility to check these Agreements periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Agreements, PicaPresto grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
3. Site Limitations and Modifications
PicaPresto will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, PicaPresto reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that PicaPresto has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permissible by applicable law. PicaPresto and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4. Using the Site
Here’s some information about all the ways you can use the Site.
4.1 Our Services
PicaPresto provides graphic design and other Photoshop services. PicaPresto requires full payment when you submit your order for Services, unless otherwise agreed upon by both Parties. You can request a quote before purchasing. You can learn more about our services by visiting our website.
5. Rights We Grant to You
The PicaPresto site and the Content are the property of Photo Services. We grant you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or PicaPresto. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.
All PicaPresto trademarks, service marks, trade names, logos, domain names, and any other features of the PicaPresto brand are the sole property of Photo Services. The Agreements do not grant you any rights to use any PicaPresto assets whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Site, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, PicaPresto grants no right, title, or interest to you in the Site or Content.
6. Third Party Applications
PicaPresto is integrated with third party applications, websites, and services, including but not limited to Shopify, PayPal and Stripe (“Third-Party Applications”), to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that PicaPresto does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
7. User Guidelines
PicaPresto respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Site, to make sure PicaPresto is able to continue providing service via their Site.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the PicaPresto Site or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it; using the Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by PicaPresto, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the PicaPresto Service or the Content;
- circumventing any territorial restrictions applied by PicaPresto or it licensors; or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from PicaPreso; or
- selling a user account, or otherwise accepting any compensation, financial or otherwise.
8. Intellectual Property
PicaPresto respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact us at info@picapresto.com.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of PicaPresto or its content suppliers and protected by European and international copyright laws. The compilation of all content on the Site is the exclusive property of PicaPresto and protected by European and international copyright laws. All software used on (or provided through) the Site is the property of PicaPreso or its software suppliers and protected by United States and international copyright laws. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
9. Customer Support
For customer support on account- and payment-related questions (“Customer Support Queries”), please contact our Customer Service department at info@picapreso.com. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
10. Payments, Refunds, and Cancellations
10.1 Payment and Extended Credit
PicaPreso requires all individual clients to pay for work in full upfront before work begins. Payment methods are Paypal, credit cards, or debit cards. Corporate clients may be extended credit, subject to satisfactory reference checks and at the discretion of PicaPreso. Full payment for the work will be required up front. PicaPreso may also allow for recurring monthly payment options. Under such arrangement, the client pays monthly for all Services rendered during that time period. PicaPreso reserves the right to cancel any extended credit to any client for non-payment at any time. All expenses will be agreed in advance.
10.2 Quality Guarantee & Refunds
All our products are custom printed for each individual, and therefor any purchased items cannot be returned. Once your payment has been made, your order is final and cannot be cancelled anymore.
PicaPreso strives to provide services of the highest quality. In the unlikely event that you received a damaged or incorrect order, please contact our support desk to find a suitable solution.
You acknowledge that the Products are personalized and made specifically for each Order. Once an Order is placed, it cannot be changed or canceled unless otherwise communicated by us to you.
You acknowledge that the Products, when printed, may vary from the User Content as displayed on-screen, such as due to how computers display colours. Such deviation between on-screen User Content and physical Products that are not due to printing errors shall not be deemed a defect.
If there are defects discovered, such as damage to the delivered Products, errors in the number or quantity of the delivered Products, you should provide us with photographic or other documentary evidence of the existence of a defective Product. If we have not received from you a complaint in writing within 14 days after receipt, we shall have no liability for any defect.
If we agree, or you can substantiate, that there is a defect and that it is not due to the carrier of a non-tracked delivery, force majeure or other circumstances outside our control, then we will, at our option, provide you with a reprint of the order to the extent required to remedy the defect.
The remedies provided for above are your sole remedies for any defective Product, and exclude, to the fullest extent permitted by law, any other remedy available to you (including the End Customer) by law.
10.3 Prices
Prices may vary for services provided. PicaPresto may change the price for pre-paid work or credit (for work products not yet paid for) and will communicate any price changes to you before confirming a new order. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. PicaPresto reserves the right to revise our prices periodically, and that will have immediate affect to relevant services. We might not notify clients about these changes but they will see the price before confirming any new order, unless there is a separate agreement with any client.
10.4 Promotional Offers and Discounts
PicaPresto may have offers in the form of coupon codes or other means. PicaPresto reserves the right to cancel promotional offers or discounts without assigning any reason
11. Quotes and Orders
For custom projects a non-obligation quote will always be provided before starting any work. If the Client approves the quote the full payment is required up front. Once the payment has been made the order goes into production and cannot be cancelled anymore. Any changes to the instructions have to be discussed and approved before making any payments.
12. Turnaround Time
When a Client selects a turnaround time when placing order, that time begins after the Client has finished the initial payment. The time does not begin when the order is submitted.
13. Term and Termination
The Agreements will continue to apply to you until terminated by either you or PicaPresto. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. PicaPresto may terminate the Agreements or suspend your access to the PicaPresto Site or Customer Portal at any time, including in the event of your actual or suspected unauthorised use of the PicaPresto Service and/or Content, or non-compliance with the Agreements. If you or PicaPresto terminate the Agreements, or if PicaPresto suspends your access to the PicaPresto Service, you agree that PicaPresto shall have no liability or responsibility to you, and PicaPresto will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your PicaPresto account, please contact us at info@picapresto.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
14. Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PicaPresto SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PicaPresto SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PicaPresto AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PicaPresto NOR ANY OWNER OF CONTENT WARRANTS THAT THE PicaPresto SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PicaPresto MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PicaPresto SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT PicaPresto IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PicaPresto SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PicaPresto SHALL CREATE ANY WARRANTY ON BEHALF OF PicaPresto IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
15. Limitations
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PicaPresto SERVICE IS TO STOP USING THE PicaPresto SITE. WHILE PicaPresto ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PicaPresto , FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PicaPresto , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PicaPresto SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PicaPresto HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PicaPresto SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PicaPresto DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
16. Third-Party Rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and PicaPresto, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
17. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and PicaPresto, the Agreements constitute all the terms and conditions agreed upon between you and PicaPresto and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
18. Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by PicaPresto or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive PicaPresto ’s or the applicable third party beneficiary’s right to do so.
19. Assignment
PicaPresto may assign the Agreements or any part of them, and PicaPresto may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
20. Applicable Law
These terms and conditions shall be governed by and interpreted with Dutch law. You agree to submit to the exclusive jurisdiction of the Dutch courts.
21. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold PicaPresto harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the PicaPresto Site; and (4) your violation of any law or the rights of a third party.
22. Privacy
PicaPresto’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. PicaPresto strongly recommends that you review the Privacy Policy closely.
22. Contact Us
If you have any questions concerning the PicaPresto Service or the Agreements, please contact PicaPresto Customer Service at info@picapresto.com.